Supreme Court of India

Bhadra International (india) Pvt. Ltd. v. Airports Authority of India

Neutral citation
Reported as [2026] 1 S.C.R. 30
Bench J.B. Pardiwala and K.V. Viswanathan JJ.
Decided 5 January 2026

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above authorities, there can be no doubt that the learned Arbitrator appointed by the respondent was de jure ineligible to act as such.

Judgment, page 45

From the headnote

Issue for Consideration i) Whether the sole arbitrator could be said to have become “ineligible to be appointed as an arbitrator” by virtue of sub-section (5) of s.12 of the Arbitration and Conciliation Act, 1996; ii) whether the parties could be said to have waived the applicability of sub-section (5) of s.12 of the Act, 1996, by way of their conduct, either expressed or implied; iii) whether the appellants could have raised an objection to the appointment of the sole arbitrator for the first time in an application u/s.34 of the Act, 1996. Headnotes† Arbitration and Conciliation Act, 1996 –

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